IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Crl. Misc. Appln.                   :           Azam Abro vs.

No. S- 08 of 2022                             The State & others

For the Applicant                 :           Mr. Nisar Ahmed G. Abro, Advocate

Date of hearing                    :           11.02.2022.

Date of announcement      :           11.02.2022.

ORDER

Agha Faisal, J.         (1) Granted. (2) Over ruled. (3) Granted subject to all exceptions. (4) The applicant has challenged the order dated 23.12.2021 rendered by the learned Judicial Magistrate, whereby the case of the accused has been sent up for trial. The relevant F.I.R has specifically named the applicant/ accused and leveled charges of kidnapping and rape there against.

2. Learned counsel submits that the allegations in the F.I.R are untrue and even otherwise there is no evidence to corroborate the allegations leveled there against.

3. Heard and perused. The question of guilt or otherwise is to be determined by the learned trial Court and vide impugned order the learned Magistrate has considered the case fit to be sent up for trial and hence, has performed his duty. The applicant shall remain at liberty to raise all the present contentions in his defense at trial, however, the same cannot be made the basis to stifle proceedings at this stage. No infirmity has been identified with respect to impugned order, hence, no interference is merited therewith.

4. In view of foregoing, the instant criminal miscellaneous application is dismissed in limine.

                                                                    JUDGE